Prohibited and Permissible Acts Flashcards
7 cards from real MT NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Prohibited and Permissible Acts flashcards as text
A signer's daughter arrives with her mother's signed document and valid ID for her mother, who is home sick. What must the Montana notary do?
Answer: Refuse, because the signer must personally appear before the notary
Personal appearance before the notary at the time of notarization is mandatory, and notarizing without it is a prohibited act.
During a notarization, the Montana notary realizes the signer appears heavily intoxicated and confused about the document. What should the notary do?
Answer: Refuse, because the notary may not notarize when the signer appears unable to understand the transaction
A notary must refuse if not satisfied that the signer is competent and signing knowingly and voluntarily.
Which of the following is a PERMISSIBLE act for a Montana notary?
Answer: Certifying a copy of a private business contract when authorized to do so
Montana notaries may certify copies of records that are not publicly recorded vital or official records; certified copies of vital records must come from the issuing office, and apostilles come from the Secretary of State.
A title company offers a Montana notary $50 extra per signing to overlook missing pages in loan packages. Accepting would be:
Answer: A prohibited act constituting official misconduct
Performing a notarial act dishonestly or facilitating fraud is official misconduct that can lead to revocation and civil or criminal liability.
A Montana notary is asked to notarize her own signature on her personal vehicle title. This is:
Answer: Prohibited, because a notary may not notarize their own signature
Notarizing one's own signature is expressly prohibited because the notary cannot be an impartial witness to their own act.
A signer asks the notary to backdate a certificate to yesterday because a deadline passed. The Montana notary should:
Answer: Refuse; a certificate must state the actual date the notarial act was performed
Falsifying the date of a notarial certificate is fraud and a prohibited act regardless of the reason.
May a Montana notary notarize a document that will be sent to another state or country?
Answer: Yes, if the notarial act itself is performed while the notary is within Montana
The destination of the document does not matter; what matters is that the notary performs the act within their jurisdiction (or under Montana's limited border-state provisions).